DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

Dear Petitioner:  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.    
 
A three-member panel of the Board, sitting in executive session, considered your application on 1 October 2021.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations, and policies. 
 
The Board determined your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 
 
The Board carefully considered your request to remove your 18 August 2017 nonjudicial punishment (NJP) which was revised by the Board in its decision on your prior submission, BCNR Docket NR20180006210.  The Board, however, noted you did not provide any new evidence with your current submission, not even a new personal statement, but instead provided a copy of the previous 12 June 2018 statement and copies of your previously submitted advocacy letters.  The Board concluded your previously submitted evidence stills fall short of overcoming the presumption of regularity.  Specifically, the Board concurred with the previous Board that the remaining offenses from your 18 August 2017 NJP are valid.  Further, this Board again found no evidence of harassment, nor did you furnish any evidence that you were the subject of harassment, unprofessionalism, and/or manipulation by your first sergeant.  The Board also noted you accepted NJP after consultation with legal counsel and chose to waive your right to appeal the NJP.  In the end, this Board concluded your NJP should remain in your official military personnel file (OMPF).   

The Board also considered your request to change your reentry code.  The Board noted you were honorably discharged on 13 December 2018 at the completion of your required active service and assigned a RE-3C (when directed by CMC or when not eligible and disqualifying factor is not covered by another code) reentry code.  The Board noted your reenlistment package states Headquarters, U.S. Marine Corps (MMEA-1) assigned a reenlistment eligibility code of RE-4 (not recommended for reenlistment) but further noted your OMPF does not contain an Administrative Remarks (Page 11) entry notifying you of your assigned reentry code so the Board considered the RE-3C which was issued on your Certificate of Release or Discharge from Active Duty (DD Form 214) as your assigned reentry code.  Noting you had reached high year tenure, the Board concluded the RE-3C was an appropriate and authorized code and determined there was insufficient evidence of an error or injustice in your assignment of a RE-3C reentry code which is, unlike the RE-4 MMEA-1 directed you be assigned, waivable by recruiting personnel.   

You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 
10/1/2021
Deputy Director